Appeal 6004483

The appeal is allowed and the planning permission Ref 252098 for Retrospective application for dormer window at [site address] , Essex [postcode] granted on 21 November 2025 by Colchester City Council, is varied by deleting condition 4.

I have noted that in the description of the development, the application form and my visit to the site that the development has been completed. The two larger bedrooms on the second floor while being installed with windows with obscure glass, were openable below 1.7 metres. My reading of condition 4 is that the windows should have been replaced with non-openable obscure windows, below 1.7 metres, on the day permission was granted.

Applying for development retrospectively should not weigh for or against the proposal. Therefore, this does not affect my decision on this appeal.

The main issue is the effect of the proposed development on the living conditions of the occupiers of 503 (No.503) and 503A (No.503A) [address], with particular reference to privacy.

The dormer faces towards an area of public open space and provides the only windows on this side of the dwelling. The properties of No.503 and 503A are located on either side of the public open space. The distance between the dormer and the rear wall of No.503 is shown as 25 metres and to the rear wall of No.503A is significantly greater than this.

I have noted the [name] that states ‘Residents have a higher expectation of privacy from the private or garden side of the dwelling. In a low density layout it should be possible to avoid any overlooking, but at normal urban densities (above 20 houses per hectare or 8 per acre) some overlooking is inevitable’. From the evidence before me and following my site visit the density in the local area is very likely to be significantly above 20 houses per hectare. I also noted on my site visit that there were other examples of similar overlooking levels from existing development.

[name] note the dormer windows are at second storey height, the distance and angle to the properties of No.503 and 503A significantly reduces the impact to both the rear garden spaces and dwellings of both residential properties.

I have also noted the photos the Council has provided in its statement looking from the dormer windows, which I have too looked out of during my site visit. [name] accept there is a loss of privacy to both No.503 and 503A, I do not accept that the removal of this condition would cause unacceptable adverse impact on the privacy of these occupiers. On this basis, the proposal, without this condition, would still comply with Policies SP1 and SP7 of Colchester Borough Local Plan 2013-2033 Section 1 2021 that seek sustainable development and protect existing occupiers from overlooking. In addition, the proposal complies with Policies DM13 and DM15 of Local Plan 2017-2033 Section 2 2022 that seeks to ensure proposed development does not cause unacceptable adverse loss of privacy and protection of residential amenity.

Given that the windows would not cause detrimental loss of privacy to neighbouring occupiers, condition 4 is not necessary or reasonable and therefore should be removed.

For the reasons given above the appeal should be allowed.